Jacob Bindman

Call: 2010

Introduction

Jacob is a former Judicial Assistant at the Supreme Court with a background in international law and human rights. Jacob provides advice and representation in the fields of criminal law, international human rights law, public International law and actions against the police.

Practice

National Security/Terrorism

Having worked in this area prior to coming to the Bar he has continued whilst in practice. He is regularly instructed in a range of proceedings including; criminal trials, parole hearings and various seizure and passport related proceedings under the Terrorism Acts. Jacob is currently a co-authoring a book on terrorism law to be published in 2019. Some recent cases include:

R v Hussain [2017] Central Criminal Court

Acted for an Imam in a rare prosecution under s.1 Terrorism Act 2006 (encouraging terrorism) and encouraging support for a prescribed organisation, relating to sermons delivered to his congregation in the Midlands. Jacob was led by Michael Ivers QC.

R v AS [2016] Central Criminal Court

Represented the defendant in a month long trial charged under s.5 Terrorism Act 2006 in respect of alleged assistance given to British fighters travelling to Syria. Jacob was led by Rajiv Menon QC of Garden Court Chambers.

Successfully acted for client who was convicted for part in Al Qaida plot in 2003. His client was deemed suitable for release and the panel acceded to submissions in respect of the disproportionate nature of a number of the terrorism offender licencing conditions.

Fraud & Financial Crime

Jacob is instructed in a full range of matters from cash and asset seizure to criminal trials. Some recent cases include:

R v KT [2018] Blackfriars Crown Court

Jacob is instructed as junior alone for the defendant in a 8 handed conspiracy to defraud Transport for London. The trial will take place in July 2018.

R v S [2018] Blackfriars Crown Court

Major international conspiracy to defraud case involving the manufacture of devices used in card skimming. Led by Ali Bajwa QC, Jacob acted for the lead defendant in the 4 week trial which raised significant issues regarding the Crown’s approach to major disclosure exercises.

R v KK & CK [2017] Uxbridge Magistrates Court

Successfully resisted an application by the NCA for continued detention of over £75,000 seized from 2 West African businessmen at Heathrow.

R v MJ & Ors [2017] Kingston Crown Court

Led junior in £10m confiscation proceedings arising from a £160m conspiracy to supply Class A drugs.

R v JH [2016] Snaresbrook Crown Court

Multi handed benefit fraud arising from a large-scale conspiracy to supply false information for EEA nationals to claim benefits in the UK.

Serious Fraud Office v Rolls Royce [2016]

Disclosure counsel for SFO in massive bribery and corruption investigation into Rolls Royce which concluded with the highest value Deferred Prosecution Agreement since the introduction of the legislation. .

R v PA [2015] Aylesbury Crown Court

The jury returned a not guilty verdict in less than an hour after Jacob’s client had been prosecuted for money laundering after admitting allowing his bank account to be used for transfers which later turned out to be fraudulent.

R v JH [2015] Central Criminal CourtJacob obtained a suspended sentence for his client in two cases that were joined for sentence following guilty pleas to conspiracy to defraud charges relating to attempted foreign currency transfers amounting to approximately £450,000. In conjunction with instructing solicitors, a detailed psychologists report was obtained showing that the defendant had a particularly compliant nature and numerous issues arsing from a traumatic personal history.

Protest/Public Order

R v Hussain [2017] Stratford Magistrates Court

The case against a 26 year old youth worker was dismissed by the judge following Jacob’s submission of no case to answer regarding the Police Officers’ lack of lawful authority to stop and detain the defendant. The case received national news coverage and is the subject of an on-going IPCC investigation: http://www.independent.co.uk/news/uk/home-news/police-brutality-scotland-yard-directorate-professional-standards-brownlivesmatter-a7358361.html

R v MM [2016] Southwark Crown Court

Affray matter arising from disorder the anti austerity demonstration that took place in the wake of the 2015 general election.

Jacob’s client was sentenced to a community order following a plea to affray arising from student demonstrations held in Central London in 2014. Following mitigation the judge made it clear he distinguished the defendant from previous student demonstrations specifically required the probation service to ensure the conditions of the community order did not interfere in any way with the defendant’s employment.

R v LH [2014] Southwark Crown CourtThis was an appeal concerning the legality of a search warrant in respect of forced entry to premises by Met Police in the run up to the G8 protests and the subsequent conviction of the defendant for assaulting an officer. The appeal raised novel issues concerning the effect of an invalid search warrant and access to PII material. After written and oral argument the appellant succeeded in arguing the effect of an invalid search warrant would result in his conviction being quashed if its validity could be called into question.

R v SN & Ors [2013] Cardiff Magistrates CourtCase involving Tamil protestors charged under the Public Order Act 1986 after running on the pitch at an international cricket match. The case raised issues in respect of Art. 10 ECHR which were the subject of extensive legal argument at trial.

Court Martial

R v XY – [2016] Bulford Military Court & Court Martial Appeal Court

Led by Clare Wade in Court Martial concerning historic sexual offences. The case involved novel and complex issues in respect of the age of criminal responsibility and jurisdiction. Jacob was also led in two interlocutory appeals before the Court Martial Appeal Court arising from the same case (R v PD [2016] EWCA Crim 1904]).

Other Crime

R v Rolle [2018] Privy Council

Advising on appeal against conviction and sentence for murder in the Bahamas.

Representing one defendant in a 5 month trial arising from Operation Silk concerning allegations of sexual abuse in Oxfordshire. Jacob is led by Clare Wade QC.

R v AAS – [2017] Harrow Crown Court

Long running case representing client with complex mental health issues as a result of his historical detention and torture in Iraq under Saddam Hussein. The Crown were eventually persuaded to offer no evidence following extensive medical evidence and service of an abuse of process argument.

In 2015 Jacob was a Pegasus Fellow at the Centre for Constitutional Rights (CCR) in New York where he worked on habeus corpus petitions for remaining Guantanamo Inmates and the CCR’s attempts to secure prosecution at the ICC of those involved in the Bush era torture program.

Jacob has also previously worked at the International Criminal Court (ICC) in The Hague as an intern for the senior legal advisor to President Song on issues of international criminal law and judicial review, particularly in the prison law context. Following this, Jacob worked at the Independent Jamaican Council for Human Rights in Kingston, Jamaica where he assisted with civil actions against the police and capital appeals.

Some of Jacob’s instructions include:

KK & ors v AML – (England & Wales High Court QBD) Ongoing
Instructed by Leigh Day & Co, Jacob acted on behalf of 142 villagers situated around a large iron ore mine in West Africa. The claimants seek damages for personal injury, death and other damage allegedly caused by the actions and negligence of the British company that owns the mine, following local protests about their operations. The case involves complex issues around the Act of State doctrine and Rome II regulations. Led by Richard Hermer QC of Matrix Chambers. Media coverage can be found here: http://www.theguardian.com/world/2015/nov/29/sierra-leone-african-minerals-london-high-court

PSC v HP

Instructed to draft an opinion on the legality of operations of a major international company in the Occupied Territories and potential issues relating to International Humanitarian Law.

Advising a major NGO on human rights/pubic law issues surrounding the introduction of a register of beneficial ownership in the UK.

Successfully acting for the appellant in an appeal in Malawi in which death sentences were commuted to life (The Republic v Mkwinda & Tomasi)

Background

In 2012-2013 Jacob worked as a Judicial Assistant to Lord Kerr of Tonaghmore at the UK Supreme Court. During his time there Jacob worked closely on a wide range of cases including some of the most significant to come before the Court in recent years, such as Smith v MOD [2013] UKSC 41 (extra territorial application of Human Rights Act and combat immunity), Bank Mellat v HM Treasury [2013] UKSC 38 and [2013] UKSC 39 (proportionality, fairness and closed material procedures in the application of financial sanctions), and the Privy Council case of The Queen v Lundy (New Zealand murder appeal involving novel brain tissue analysis).

Prior to coming to the Bar, Jacob spent four years as a paralegal at well-known human rights firm, Birnberg Peirce and Partners. During his time there he worked primarily on national security cases, particularly terrorist asset-freezing, Special Immigration Appeals Commission cases and Control Orders, as well as a range of criminal and civil work. Throughout his time at the firm he also worked on the case of Eddie Gilfoyle, considered by many to be one of the longest miscarriage of justice cases in British history (see Jacob’s article in Issue 65 of Socialist Lawyer).